FINAL_IFB_COMPONENTS FOR OVERHEAD REELS REPLACEMENT OF GARAGE BAYS.pdf

Components for Overhead Reels Replacement of Garage Bays

Prepared By

Virginia Department of Energy

Office of General Services

3405 Mountain Empire Road

Big Stone Gap, Virginia 24219

(276) 523-8100

INVITATION FOR BID – COMPONENTS FOR OVERHEAD REELS

REPLACEMENT OF GARAGE BAYS

Title: Virginia Department of Energy – Components for Overhead Reels Replacement of Garage Bays

Issue Date: 08/12/2024.

Commodity Code(s): 07557 – Reel and Hose Assemblies, Air and Water Dispensing

07529 – Flush and Fill Equipment and Tools (For Automatic Transmissions, Cooling Systems, Power Steering Systems, etc.)

07546 – Lubrication Equipment: Guns, Hoses, Fittings, Lubricators, Oil

Pumps, etc., (Including Oil Filter Presses)

07547 – Mechanic’s Equipment and Tools (Not otherwise Classified)

Set Aside for award priority to DSBSD-certified Small or Micro Business.

Issuing Agency: Virginia Department of Energy

3405 Mountain Empire Road

Big Stone Gap, Virginia 24219

(276) 523-8100

Period of Contract: A contract will be established from Date of Award through the scheduled Date of

Completion of the contract.

Pre-Bid Conference: An Optional Pre-Bid Conference will be held on August 21, 2024, at 10:00 AM

EST.

Bid Due Date: Invitation for Bid responses for furnishing the Goods/Services described herein, will be received by the issuing Agency until: 2:00 PM, EST on September 2, 2024.

Bid Opening Date: Invitation for Bid responses will be publicly opened and read aloud at 2:05 PM, EST on September 2, 2024.

Electronic and paper responses to this solicitation will be accepted. All paper responses are to be mailed or physically received at Virginia Department of Energy offices by the bid due date and time as listed above.

Electronic response for this solicitation may be submitted through eVA, Virginia Business Opportunities

(VBO); https://eva.virginia.gov/.

*** Please note, Virginia Department of Energy offices in Big Stone Gap, Virginia are open

Monday through Thursday from 7:00 AM to 5:30 PM. Offices are closed on Friday. Should it be necessary to deliver a solicitation response outside of these available hours, responses may be placed in the large mailbox located adjacent to the main entrance doorway of the Buchanan Smith Building. ***

All inquiries for information should be directed to:

Machelle Meace, Procurement Officer, (276) 523-8211, machelle.meade@energy.virginia.gov https://eva.virginia.gov/ mailto:machelle.meade

TABLE OF CONTENTS

I. PURPOSE

II. STATEMENT OF NEEDS

III. OPTIONAL PRE-BID CONFERENCE

IV. GENERAL TERMS AND CONDITIONS

V. SPECIAL TERMS AND CONDITIONS

VI. ATTACHMENTS – INVITATION FOR BID FORMS

A. INVITATION FOR BID COVER SHEET (*)

B. PRICING SCHEDULE (*)

C. STATE CORPORATION COMMISSION (*)

VII. SPECIAL TERMS & CONDITIONS AND TECHNICAL SPECIFICATIONS/DRAWINGS

*NOTE*

Please ensure all Attachments - Invitation for Bid Forms, identified with an asterisk (*) in Section

VIII - ATTACHMENTS as identified in the table of contents above, and any Acknowledgement of Addendum(s), if issued, are returned with your firm’s response to this Invitation for Bid.

I. PURPOSE

The purpose of this Invitation for Bid (IFB) is for Virginia Department of Energy to solicit qualified and interested firms to submit competitive sealed bids to furnish components for an overhead reel system with the purpose of supplying materials to include air, water, engine oil, and grease to be utilized by mechanics in servicing the agency’s fleet of vehicles in the garage facility.

II. STATEMENT OF NEEDS

Virginia Department of Energy is seeking to purchase an overhead reel system for use in an automotive garage bay setting. The selected contractor will provide services to furnish all components necessary for an overhead reel system to replace an existing overhead reel system in the agency’s garage facility.

The overhead reel system will serve the purpose of supplying materials to include air, water, engine oil, and grease for use by mechanics in garage bays. The overhead reel system must include all reels, hoses, handles, connections, and hardware for a complete and functional system.

III. OPTIONAL PRE-BID CONFERENCE

An Optional Pre-Bid Conference will be held on August 21, 2024, at 10:00 AM EST. All interested parties should meet at Virginia Energy’s offices, located at 3405 Mountain Empire Road, Big Stone

Gap 24219, in Wise County, Virginia.

There is sufficient parking in the large parking area in front of Virginia Department of Energy offices located in the Buchanan Smith Building. The garage facilities are located a very short walking distance to the side of the Buchanan Smith building.

The purpose of this conference is to allow potential Bidders an opportunity to view equipment and site conditions, present questions, and obtain clarification relative to any facet of this solicitation. While attendance at this conference will not be a prerequisite to submitting a bid, any bidder that intends to submit a bid for this solicitation is encouraged to attend.

All Bidders are encouraged to bring a copy of the Invitation for Bid package to the Pre-Bid Conference.

The Invitation for Bid package, including any associated Special Terms & Conditions and Technical

Specifications and Plans / Drawings may be downloaded free of charge from eVA’s Virginia Business Opportunities webpage, www.eva.virginia.gov. Any changes resulting from the Pre-Bid Conference will be issued in a written Addendum to this Invitation for Bid. A signed acknowledgement of receipt of all addenda, if issued, must be received by the Agency’s contracting officer either prior to the due date for bids or submitted with the bid.

IV. GENERAL TERMS AND CONDITIONS

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia

Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the

Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.)

The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “I Sell To Virginia”.

http://www.eva.virginia.gov/

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the

Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution

(ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state, and local laws, rules, and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, Bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the

Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With

Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public

Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human

Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the

Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, Bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over

$10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration

Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the

Commonwealth of Virginia all rights, title, and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFB: Failure to submit a bid on the official state form provided for that purpose may be a cause for rejection of the bid.

Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

I. CLARIFICATION OF TERMS: If any prospective Bidder has questions about the specifications or other solicitation documents, the prospective Bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered, and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, which are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2- 4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the

Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the

Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS

MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN

PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986,

DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS

AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special

Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder to perform the services/furnish the goods and the Bidder shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect

Bidder’s physical facilities prior to award to satisfy questions regarding the Bidder’s capabilities.

The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such Bidder fails to satisfy the Commonwealth that such Bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing

Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The

Commonwealth’s excise tax exemption registration number is 54-73-0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict Bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The Bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation.

This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the Bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing, and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

T. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA

(eva.virginia.gov) for a minimum of 10 days.

U. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

V. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best https://covgov-my.sharepoint.com/personal/machelle_meade_energy_virginia_gov/Documents/Desktop/OGS/INVITATION%20FOR%20BID/ACTIVE/IFB%20-%20OVERHEAD%20REELS%20FOR%20GARAGE/IFB/BID%20PACKAGE/eva.virginia.gov interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

W. eVA BUSINESS-TO -GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND

ORDERS: The eVA Internet electronic procurement solution, web site portal eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA

Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

(i) DSBSD-certified Small Businesses: 1%, capped at $500 per order.

(ii) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia

Department of General Services, typically within 60 days of the order issue date. Any adjustments

(increases/decreases) will be handled through purchase order changes.

X. AVAILIBILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

Y. SET ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT

AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or

“Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

Z. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders shall state bid prices in US dollars.

AA. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A

contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by

Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

BB. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment

(including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require

Contract Workers to participate in agency training on civility in the State workplace if contractor’s

(and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

V. SPECIAL TERMS AND CONDITIONS

1. AWARD OF CONTRACT: An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand totals must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

2. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in (_1_) purchase order(s) with the applicable eVA transaction fee assessed for each order.

3. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for thirty

(30) days. At the end of the thirty days, the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

4. BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period.

5. DELIVERY: Delivery of goods or performance of services shall be within the number of days stated below after receipt of order (ARO) by the bidder. The Agency requires the bidder to deliver within a reasonable time after ARO. If the bidder does not insert a stated delivery time in the blank below, the bidder will be deemed to offer delivery in accordance with the Agency’s desired time as stated below:

Agency’s desired delivered time: 30 calendar days ARO

BIDDER’S STATED DELIVERY TIME: _____ CALENDAR DAYS ARO

6. DELIVERY NOTIFICATION: The Agency shall be notified 24 hours prior to delivery of any items so that personnel may be available to allow access to the building/facility and verify items received. Notification shall be made to:

Machelle Meade (276) 523-8211 Machelle.Meade@energy.virginia.gov

Name Telephone email

7. IDENTIFICATION OF BID/PROPOSAL ENVELOPE: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid/proposal should be returned in a separate envelope or package, sealed, and identified as follows:

From:

Name of Bidder Due Date Time

Street or Box Number IFB No.

City, State, Zip Code IFB Title

DSBSD-certified Micro Business or Small Business No.

Name of Contract/Purchase Officer or Buyer Machelle W. Meade mailto:Machelle.Meade@energy.virginia.gov

8. OPTIONAL PREBID/PREPROPOSAL CONFERENCE:

An Optional Pre-Bid Conference will be held on August 21, 2024, at 10:00 AM EST. All interested parties should meet at Virginia Energy’s offices, located at 3405 Mountain Empire

Road, Big Stone Gap 24219, in Wise County, Virginia.

There is sufficient parking in the large parking area in front of Virginia Department of Energy offices located in the Buchanan Smith Building. The garage facilities are located a very short walking distance to the side of the Buchanan Smith building.

The purpose of this conference is to allow potential Bidders an opportunity to view equipment and site conditions, present questions, and obtain clarification relative to any facet of this solicitation.

While attendance at this conference will not be a prerequisite to submitting a bid, any bidder that intends to submit a bid for this solicitation is encouraged to attend.

All Bidders are encouraged to bring a copy of the Invitation for Bid package to the Pre-Bid

Conference. The Invitation for Bid package, including any associated Special Terms & Conditions and Technical Specifications and Plans / Drawings may be downloaded free of charge from eVA’s Virginia Business Opportunities webpage, www.eva.virginia.gov. Any changes resulting from the

Pre-Bid Conference will be issued in a written Addendum to this Invitation for Bid. A signed acknowledgement of receipt of all addenda, if issued, must be received by the Agency’s contracting officer either prior to the due date for bids or submitted with the bid.

9. WARRANTY (COMMERCIAL): The contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the Commonwealth by any other clause of this solicitation and rights and remedies permitted under applicable law. A copy of this warranty should be furnished with the bid.

10. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.

Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

11. PLASTIC MATERIALS: Bidders must identify whether their plastic materials contain recycled materials and, if so, specify the amount of recycled content in such plastic materials.

VI. ATTACHMENTS – INVITATION FOR BID FORMS

A. INVITATION FOR BID COVER SHEET (*)

B. PRICING SCHEDULE (*)

C. STATE CORPORATION COMMISSION (*)

NOTE: Asterisk (*) indicates Attachments / Proposal Forms and/or documents required to be submitted as part of Request for Proposal response requirements.

ATTACHMENT A – INVITATION FOR BID COVER SHEET

(ATTACHMENT A – IFB COVER SHEET)

INVITATION FOR BID – COMPONENTS FOR OVERHEAD REELS REPLACEMENT OF

GARAGE BAYS

In compliance with this Invitation for Bid (IFB) and all conditions imposed within this IFB, the undersigned firm hereby offers and agrees to furnish the services required by this IFB at the prices indicated in a Pricing Schedule component of the firm’s IFB response, and the undersigned firm hereby certifies that all information provided below, and any schedule attached hereto is true, correct, and complete.

eVA Vendor ID #

DSBSD-Certified Small/Micro Business No. __ FEI/FIN No.

Name and address of Firm:

Name:

(Please Type / Print)

Signature:

Title:

Date:

E-Mail Address:

Telephone No. Fax No.

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia §2.2-4343.1 or against an offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status, or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Conditions C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

ATTACHMENT B – PRICING SCHEDULE

Bid Line

Item No. Quantity Units Unit Price Total Price

1 4 Each

2 2 Each

3 2 Each

4 2 Each

5 2 Each

6 2 Each

BALCRANK EVOLUTION PART

#2140-020 - 50' X 3/8" ID HOSE 8332-

050 GREASE REEL

BALCRANK PART #3320-055 - FLEX

90 W/ 1/4 TURN FOR OIL

BALCRANK PART #3310-031 -

COMFORT GRIP GREASE HANDLE

WITH 18" WHIP HOSE.

BALCRANK EVOLUTION PART

#2140-008 - 50' X 3/8" ID HOSE - 8136-

050 EVOLUTION AIR/WATER REEL

BALCRANK PART #3330-159 -

CONTROL HANDLE 3330 LION, DR,

FLEX-MEM. EXT., 1/4 TURN FOR

OIL

PRICING SCHEDULE

Virginia Department of Energy - Components for Overhead Reels Replacement of Garage Bays

Item Name

BALCRANK EVOLUTION PART

#2140-014 50' X 1/2" ID HOSE - 8241-

050 OIL REEL

Total Bid Price

(Firm) (Date)

"The Total Bid Price will be utilized for determining the Amount of Bid and to establish a contract award value for the successful

Bidder. Payment will be made on actual units used and verified in the field. Correct pricing is extremely important and price should be double checked before submitting a bid. In case of errors in the extension of prices, Unit Price shall govern." Any bidder who enters

$0 as a Unit Price or leaves the Unit Price blank shall be considered a nonresponsive bidder.

(Signature) (Title)

PRICING SCHEDULE

Virginia Department of Energy - Components for Overhead Reels Replacement of Garage Bays

ATTACHMENT C – STATE CORPORATION COMMISSION

State Corporation Commission Form

Virginia State Corporation Commission (SCC) registration information.

The bidder:

☐ is a corporation or other business entity with the following SCC identification number: ___________________________ -OR-

☐ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-

☐ is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in

Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into

Virginia from bidder’s out-of-state location) -OR-

☐ is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia withing the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE**>> Check the following box if you have not completed any of the foregoing options but have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver): ☐

VII. SPECIAL TERMS & CONDITIONS AND TECHNICAL

SPECIFICATIONS / DRAWINGS / PHOTOGRAPHS